The NYS Emergency Tenant Protection Act (1974) [ETPA]

The EMERGENCY TENANT PROTECTION ACT of 1974 (ETPA) provided for
rent stabilization in various municipalities (local opt in) in
Nassau, Rockland and Westchester counties predicated on a
continuing housing emergency (i.e., vacancy rate less than 5%),
amended the NYC Rent Stabilization Law, and ended the 1971
vacancy decontrol of rent stabilized units.
Also see: Rent Stabilization Law and Code, DHCR Policy
Statements, DHCR Operational Bulletins, DHCR Advisory Opinions,
and various Rent Control Statutes.
Electronic versions of the documents on TenantNet
are for informational purposes only and there is no guarantee
they will be accepted by any court (or even DHCR) as true copies.
The reader is advised to obtain true copies of these documents.
Every attempt has been made to conform to the original document;
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current or will be applied as written. The reader is advised
that DHCR often fails to properly apply, interpret or enforce
housing laws. Since housing laws are complex and often contradictory,
it is recommended the reader obtain competent legal advice from a
tenant attorney or counseling from a tenant association or
community group.
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NEW YORK STATE
EMERGENCY TENANT PROTECTION ACT
(ETPA)
Chapter 576 of 1974
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4. The emergency tenant protection act of nineteen hundred
seventy-four is hereby enacted to read as follows:
* EMERGENCY TENANT PROTECTION ACT
OF NINETEEN SEVENTY-FOUR
* expires June 15, 1997
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TABLE OF CONTENTS
Section 1. Short title.
2. Legislative finding.
3. Local determination of emergency; end of
emergency.
4. Establishment of rent guidelines boards; duties.
5. Housing accommodations subject to regulation.
5-a. High income rent decontrol.
6. Regulation of rents.
7. Maintenance of services.
8. Administration.
9. Application for adjustment of initial legal
regulated rent.
10. Regulations.
10-a. Right to sublease.
11. Non-waiver of rights.
12. Enforcement and procedures.
12-a. Rent registration.
13. Cooperation with other governmental agencies.
14. Application of act.
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Sec. 1. SHORT TITLE.
This act shall be known and may be cited as the "emergency tenant
protection act of nineteen seventy-four.
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Sec. 2. LEGISLATIVE FINDING.
The legislature hereby finds and declares that a serious public
emergency continues to exist in the housing of a considerable
number of persons in the state of New York which emergency was at
its inception created by war, the effects of war and the
aftermath of hostilities, that such emergency necessitated the
intervention of federal, state and local government in order to
prevent speculative, unwarranted and abnormal increases in rents;
that there continues to exist in many areas of the state an acute
shortage of housing accommodations caused by continued high
demand, attributable in part to new household formations and
decreased supply, in large measure attributable to reduced
availability of federal subsidies, and increased costs of
construction and other inflationary factors; that a substantial
number of persons residing in housing not presently subject to
the provisions of the emergency housing rent control law or the
local emergency housing rent control act are being charged
excessive and unwarranted rents and rent increases; that
preventive action by the legislature continues to be imperative
in order to prevent exaction of unjust, unreasonable and
oppressive rents and rental agreements and to forestall
profiteering, speculation and other disruptive practices tending
to produce threats to the public health, safety and general
welfare; that in order to prevent uncertainty, hardship and
dislocation, the provisions of this act are necessary and
designed to protect the public health, safety and general
welfare; that the transition from regulation to a normal market
of free bargaining between landlord and tenant, while the
ultimate objective of state policy, must take place with due
regard for such emergency; and that the policy herein expressed
shall be subject to determination of the existence of a public
emergency requiring the regulation of residential rents within
any city, town or village by the local legislative body of such
city, town or village.
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Sec. 3. LOCAL DETERMINATION OF EMERGENCY; END OF EMERGENCY.
a. The existence of public emergency requiring the regulation
of residential rents for all or any class or classes of
housing accommodations, including any plot or parcel of land
which had been rented prior to May first, nineteen hundred
fifty, for the purpose of permitting the tenant thereof to
construct or place his own dwelling thereon and on which
plot or parcel of land there exists a dwelling owned and
occupied by a tenant of such plot or parcel, heretofore
destabilized; heretofore or hereafter decontrolled, exempt,
not subject to control, or exempted from regulation and
control under the provisions of the emergency housing rent
control law, the local emergency housing rent control act or
the New York city rent stabilization law of nineteen hundred
sixty-nine; or subject to stabilization or control under
such rent stabilization law, shall be a matter for local
determination within each city, town or village. Any such
determination shall be made by the local legislative body of
such city, town or village on the basis of the supply of
housing accommodations within such city, town or village,
the condition of such accommodations and the need for
regulating and controlling residential rents within such
city, town or village. A declaration of emergency may be
made as to any class of housing accommodations if the
vacancy rate for the housing accommodations in such class
within such municipality is not in excess of five percent
and a declaration of emergency may be made as to all housing
accommodations if the vacancy rate for the housing
accommodations within such municipality is not in excess of
five percent.
b. The local governing body of a city, town or village having
declared an emergency pursuant to subdivision a of this
section may at any time, on the basis of the supply of
housing accommodations within such city, town or village,
the condition of such accommodations and the need for
continued regulation and control of residential rents within
such municipality, declare that the emergency is either
wholly or partially abated or that the regulation of rents
pursuant to this act does not serve to abate such emergency
and thereby remove one or more classes of accommodations
from regulation under this act. The emergency must be
declared at an end once the vacancy rate described in
subdivision a of this section exceeds five percent.
c. No resolution declaring the existence or end of an
emergency, as authorized by subdivisions a and b of this
section, may be adopted except after public hearing held on
not less than ten days public notice, as the local
legislative body may reasonably provide.
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Sec. 4. ESTABLISHMENT OF RENT GUIDELINES BOARDS; DUTIES.
a. In each county wherein any city having a population of less
than one million or any town or village has determined the
existence of an emergency pursuant to section three of this
act, there shall be created a rent guidelines board to
consist of nine members appointed by the commissioner of
housing and community renewal upon recommendation of the
county legislature which recommendation shall be made within
thirty days after the first local declaration of an
emergency in such county; two such members shall be
representative of tenants, two shall be representative of
owners of property, and five shall be public members each of
whom shall have had at least five years experience in either
finance, economics or housing. One public member shall be
designated by the commissioner to serve as chairman and
shall hold no other public office. No member, officer or
employee of any municipal rent regulation agency or the
state division of housing and community renewal and no
person who owns or manages real estate covered by this law
or who is an officer of any owner or tenant organization
shall serve on a rent guidelines board. One public member,
one member representative of tenants and one member
representative of owners shall serve for a term ending two
years from January first next succeeding the date of their
appointment; one public member, one member representative of
tenants and one member representative of owners shall serve
for terms ending three years from the January first next
succeeding the date of their appointment and three public
members shall serve for terms ending four years from January
first next succeeding the dates of their appointment.
Thereafter, all members shall serve for terms of four years
each. Members shall continue in office until their
successors have been appointed and qualified. The
commissioner shall fill any vacancy which may occur by
reason of death, resignation or otherwise in a manner
consistent with the original appointment. A member may be
removed by the commissioner for cause, but not without an
opportunity to be heard in person or by counsel, in his
defense, upon not less than ten days notice. Compensation
for the members of the board shall be at the rate of one
hundred dollars per day, for no more than twenty days a
year, except that the chairman shall be compensated at the
rate of one hundred twenty-five dollars a day for no more
than thirty days a year. The board shall be provided staff
assistance by the division of housing and community renewal.
The compensation of such members and the costs of staff
assistance shall be paid by the division of housing and
community renewal which shall be reimbursed in the manner
prescribed in section four of this act. The local
legislative body of each city having a population of less
than one million and each town and village in which an
emergency has been determined to exist as herein provided
shall be authorized to designate one person who shall be
representative of tenants and one person who shall be
representative of owners of property to serve at its
pleasure and without compensation to advise and assist the
county rent guidelines board in matters affecting the
adjustment of rents for housing accommodations in such city,
town or village as the case may be.
b. A county rent guidelines board shall establish annually
guidelines for rent adjustments which, at its sole
discretion may be varied and different for and within the
several zones and jurisdictions of the board, and in
determining whether rents for housing accommodations as to
which an emergency has been declared pursuant to this act
shall be adjusted, shall consider among other things
(1) the economic condition of the residential real estate
industry in the affected area including such factors as
the prevailing and projected (i) real estate taxes and
sewer and water rates, (ii) gross operating maintenance
costs (including insurance rates, governmental fees,
cost of fuel and labor costs), (iii) costs and
availability of financing (including effective rates of
interest), (iv) over-all supply of housing
accommodations and over-all vacancy rates,
(2) relevant data from the current and projected cost of
living indices for the affected area,
(3) such other data as may be made available to it. As soon
as practicable after its creation and thereafter not
later than July first of each year, a rent guidelines
board shall file with the state division of housing and
community renewal its findings for the preceding
calendar year, and shall accompany such findings with a
statement of the maximum rate or rates of rent
adjustment, if any, for one or more classes of
accommodation subject to this act, authorized for
leases or other rental agreements commencing during the
next succeeding twelve months. The standards for rent
adjustments may be applicable for the entire county or
may be varied according to such zones or jurisdictions
within such county as the board finds necessary to
achieve the purposes of this subdivision.
The standards for rent adjustments established annually
shall be effective for leases commencing on October
first of each year and during the next succeeding
twelve months whether or not the board has filed its
findings and statement of the maximum rate or rates of
rent adjustment by July first of each year. If such
lease is entered into before such filing by the board,
it may provide for the rent to be adjusted by the rates
then in effect, subject to change by the applicable
rates of rent adjustment when filed, such change to be
effective as of the date of the commencement of the
lease. Said lease must provide that, if the new rates
of rent adjustment differ for leases of different
terms, the tenant has the option of changing the
original lease term to any other term for which a rate
of rent adjustment is set by the board, with the rental
to be adjusted accordingly.
Where a city, town or village shall act to determine
the existence of public emergency pursuant to section
three of this act subsequent to the establishment of
annual guidelines for rent adjustments of the
accommodations subject to this act, the rent guidelines
board as soon as practicable thereafter shall file its
findings and rates of rent adjustment for leases or
other rental agreements for the housing accommodations
in such a city, town or village, which rates shall be
effective for leases or other rental agreements
commencing on or after the effective date of the
determination.
c. In a city having a population of one million or more, the
rent guidelines board shall be the rent guidelines board
established pursuant to the New York city rent stabilization
law of nineteen hundred sixty-nine as amended, and such
board shall have the powers granted pursuant to the New York
city rent stabilization law of nineteen hundred sixty-nine
as amended.
d. Maximum rates of rent adjustment shall not be established
more than once annually for any housing accommodation within
a board's jurisdiction. Once established, no such rate
shall, within the one-year period, be adjusted by any
surcharge, supplementary adjustment or other modification.
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Sec. 5. HOUSING ACCOMMODATIONS SUBJECT TO REGULATION.
a. A declaration of emergency may be made pursuant to section
three as to all or any class or classes of housing
accommodations in a municipality, except:
(1) housing accommodations subject to the emergency housing
rent control law, or the local emergency housing rent
control act, other than housing accommodations subject
to the New York city rent stabilization law of nineteen
hundred sixty-nine;
(2) housing accommodations owned or operated by the United
States, the state of New York, any political
subdivision, agency or instrumentality thereof, any
municipality or any public housing authority;
(3) housing accommodations in buildings in which rentals
are fixed by or subject to the supervision of the state
division of housing and community renewal under other
provisions of law or the New York city department of
housing preservation and development or the New York
state urban development corporation, or, to the extent
that regulation under this act is inconsistent
therewith aided by government insurance under any
provision of the National Housing Act;
(4) (a) housing accommodations in a building
containing fewer than six dwelling units, other
than any plot or parcel of land in cities having a
population of one million or more which had been
rented prior to May first, nineteen hundred fifty,
for the purpose of permitting the tenant thereof
to construct or place his own dwelling thereon and
heretofore or hereafter decontrolled, exempt, not
subject to control or exempted from regulation and
control under the provisions of the emergency
housing rent control law or the local emergency
housing rent control act and on which plot or
parcel of land there exists a dwelling owned and
occupied by a tenant of such plot or parcel;
(b) for purposes of this paragraph four, a
building shall be deemed to contain six or more
dwelling units if it is part of a multiple family
garden-type maisonette dwelling complex containing
six or more dwelling units having common
facilities such as a sewer line, water main or
heating plant and operated as a unit under common
ownership, notwithstanding that certificates of
occupancy were issued for portions thereof as one-
or two-family dwellings.
(5) housing accommodations in buildings completed or
buildings substantially rehabilitated as family units
on or after January first, nineteen hundred seventy-
four;
(6) housing accommodations owned or operated by a hospital,
convent, monastery, asylum, public institution, or
college or school dormitory or any institution operated
exclusively for charitable or educational purposes on a
non-profit basis other than those accommodations
occupied by a tenant on the date such housing
accommodation is acquired by any such institution, or
which are occupied subsequently by a tenant who is not
affiliated with such institution at the time of his
initial occupancy;
(7) rooms or other housing accommodations in hotels, other
than hotel accommodations in cities having a population
of one million or more not occupied on a transient
basis and heretofore subject to the emergency housing
rent control law, the local emergency housing rent
control act or to the New York city rent stabilization
law of nineteen hundred sixty-nine;
(8) any motor court, or any part thereof, any trailer, or
trailer space used exclusively for transient occupancy
or any part thereof; or any tourist home serving
transient guests exclusively, or any part thereof; The
term "motor court" shall mean an establishment renting
rooms, cottages or cabins, supplying parking or storage
facilities for motor vehicles in connection with such
renting and other services and facilities customarily
supplied by such establishments, and commonly known as
motor, auto or tourist court in the community. The
term "tourist home" shall mean a rooming house which
caters primarily to transient guests and is known as a
tourist home in the community.
(9) non-housekeeping, furnished housing accommodations,
located within a single dwelling unit not used as a
rooming or boarding house, but only if:
(a) no more than two tenants for whom rent is
paid (husband and wife being considered one tenant
for this purpose), not members of the landlord's
immediate family, live in such dwelling unit, and
(b) the remaining portion of such dwelling unit
is occupied by the landlord or his immediate
family.
(10) housing accommodations in buildings operated
exclusively for charitable purposes on a non-profit
basis;
(11) housing accommodations which are not occupied by the
tenant, not including subtenants or occupants, as his
primary residence, as determined by a court of
competent jurisdiction. For the purposes of this
paragraph, where a housing accommodation is rented to a
not-for-profit hospital for residential use, affiliated
subtenants authorized to use such accommodations by
such hospital shall be deemed to be tenants. No action
or proceeding shall be commenced seeking to recover
possession on the ground that a housing accommodation
is not occupied by the tenant as his primary residence
unless the owner or lessor shall have given thirty days
notice to the tenant of his intention to commence such
action or proceeding on such grounds.
(12) upon issuance of an order by the division, housing
accommodations which are: (1) occupied by persons who
have a total annual income in excess of two hundred
fifty thousand dollars per annum in each of the two
preceding calendar years, as defined in and subject to
the limitations and process set forth in section five-a
of this act; and (2) have a legal regulated rent of two
thousand dollars or more per month as of October first,
nineteen hundred ninety-three. Provided however, that
this exclusion shall not apply to housing
accommodations which became or become subject to this
act
(a) by virtue of receiving tax benefits pursuant
to section four hundred twenty-one-a or four
hundred eighty-nine of the real property tax law,
except as otherwise provided in subparagraph (i)
of paragraph (f) of subdivision two of section
four hundred twenty-one-a of the real property tax
law, or
(b) by virtue of article seven-C of the multiple
dwelling law.
(13) any housing accommodation with a legal regulated rent
of two thousand dollars or more per month at any time
between the effective date of this paragraph and
October first, nineteen hundred ninety-three which is
or becomes vacant on or after the effective date of
this paragraph. Provided however, that this exclusion
shall not apply to housing accommodations which became
or become subject to this act
(a) by virtue of receiving tax benefits pursuant to
section four hundred twenty-one-a or four hundred
eighty-nine of the real property tax law, except
as otherwise provided in subparagraph (i) of
paragraph (f) of subdivision two of section four
hundred twenty-one-a of the real property tax law,
or
(b) by virtue of article seven-C of the multiple
dwelling law. This paragraph shall not apply,
however, to or become effective with respect to
housing accommodations which the commissioner
determines or finds that the landlord or any
person acting on his or her behalf, with intent to
cause the tenant to vacate, has engaged in any
course of conduct (including, but not limited to,
interruption or discontinuance of required
services) which interfered with or disturbed or
was intended to interfere with or disturb the
comfort, repose, peace or quiet of the tenant in
his or her use or occupancy of the housing
accommodations and in connection with such course
of conduct, any other general enforcement
provision of this act shall also apply.
(14) (i) housing accommodations owned as a cooperative
or condominium unit which are or become vacant on
or after the effective date of this paragraph,
except that this subparagraph shall not apply to
units occupied by non-purchasing tenants under
section three hundred fifty-two-eee of the general
business law until the occurrence of a vacancy.
(ii) This paragraph shall not apply, however, to
or become effective with respect to housing
accommodations which the commissioner determines
or finds the landlord or any person acting on his
or her behalf, with intent to cause the tenant to
vacate, engaged in any course of conduct
(including, but not limited to, interruption or
discontinuance of required services) which
interfered with or disturbed or was intended to
interfere with or disturb the comfort, repose,
peace or quiet of the tenant in his or her use or
occupancy of the housing accommodations. In
connection with such course of conduct any other
general enforcement provision of this act shall
also apply;
b. Notwithstanding any other provision of this section, nothing
shall prevent the declaration of an emergency pursuant to
section three of this act for rental housing accommodations
located in buildings or structures which are subject to the
provisions of article eighteen of the private housing
finance law.
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Sec. 5-a. HIGH INCOME RENT DECONTROL.
(a) For purposes of this section, annual income shall mean the
federal adjusted gross income as reported on the New York
state income tax return. Total annual income means the sum
of the annual incomes of all persons whose names are recited
as the tenant or co-tenant on a lease who occupy the housing
accommodation and all other persons that occupy the housing
accommodation as their primary residence on other than a
temporary basis, excluding bona fide employees of such
occupants residing therein in connection with such
employment and excluding bona fide subtenants in occupancy
pursuant to the provisions of section two hundred twenty-six-
b of the real property law. In the case where a housing
accommodation is sublet, the annual income of the tenant or
co-tenant recited on the lease who will reoccupy the housing
accommodation upon the expiration of the sublease shall be
considered.
(b) On or before the first day of May in each calendar year, the
owner of each housing accommodation for which the legal
regulated rent as of October first, nineteen hundred ninety-
three is two thousand dollars or more per month may provide
the tenant or tenants residing therein with an income
certification form prepared by the division of housing and
community renewal on which such tenant or tenants shall
identify all persons referred to in subdivision (a) of this
section and shall certify whether the total annual income is
in excess of two hundred fifty thousand dollars in each of
the two preceding calendar years. Such income certification
form shall state that the income level certified to by the
tenant may be subject to verification by the department of
taxation and finance pursuant to section one hundred seventy-
one-b of the tax law, and shall not require disclosure of
any information other than whether the aforementioned
threshold has been exceeded. Such income certification form
shall clearly state that:
(i) only tenants residing in housing accommodations which
had a legal regulated rent of two thousand dollars or
more per month as of October first, nineteen hundred
ninety-three are required to complete the
certification form;
(ii) that tenants have protections available to them which
are designed to prevent harassment;
(iii) that tenants are not required to provide any
information regarding their income except that which
is requested on the form and may contain such other
information the division deems appropriate. The
tenant or tenants shall return the completed
certification to the owner within thirty days after
service upon the tenant or tenants. In the event that
the total annual income as certified is in excess of
two hundred fifty thousand dollars in each such year,
the owner may file the certification with the state
division of housing and community renewal on or
before June thirtieth of such year. Upon filing such
certification with the division, the division shall,
within thirty days after the filing, issue an order
providing that such housing accommodation shall not
be subject to the provisions of this act upon the
expiration of the existing lease. A copy of such
order shall be mailed by regular and certified mail,
return receipt requested, to the tenant or tenants
and a copy thereof shall be mailed to the owner.
(c) 1. In the event that the tenant or tenants either
fail to return the completed certification to the owner
on or before the date required by subdivision (b) of
this section or the owner disputes the certification
returned by the tenant or tenants, the owner may, on or
before June thirtieth of such year, petition the state
division of housing and community renewal to verify,
pursuant to section one hundred seventy-one-b of the
tax law, whether the total annual income exceeds two
hundred fifty thousand dollars in each of the two
preceding calendar years. Within twenty days after the
filing of such request with the division, the division
shall notify the tenant or tenants that such tenant or
tenants named on the lease must provide the division
with such information as the division and the
department of taxation and finance shall require to
verify whether the total annual income exceeds two
hundred fifty thousand dollars in each such year. The
division's notification shall require the tenant or
tenants to provide the information to the division
within sixty days of service upon such tenant or
tenants and shall include a warning in bold faced type
that failure to respond will result in an order being
issued by the division providing that such housing
accommodations shall not be subject to the provisions
of this act.
2. If the department of taxation and finance determines
that the total annual income is in excess of two
hundred fifty thousand dollars in each of the two
preceding calendar years, the division shall, on or
before November fifteenth of such year, notify the
owner and tenants of the results of such verification.
Both the owner and the tenants shall have thirty days
within which to comment on such verification results.
Within forty-five days after the expiration of the
comment period, the division shall, where appropriate,
issue an order providing that such housing
accommodation shall not be subject to the provisions of
this act upon expiration of the existing lease. A copy
of such order shall be mailed by regular and certified
mail, return receipt requested, to the tenant or
tenants and a copy thereof shall be sent to the owner.
3. In the event the tenant or tenants fail to provide the
information required pursuant to paragraph one of this
subdivision, the division shall issue, on or before
December first of such year, an order providing that
such housing accommodation shall not be subject to the
provisions of this act upon the expiration or the
current lease. A copy of such order shall be mailed by
regular and certified mail, return receipt requested,
to the tenant or tenants and a copy thereof shall be
sent to the owner.
4. The provisions of the state freedom of information act
shall not apply to any income information obtained by
the division pursuant to this section.
(d) This section shall apply only to paragraph twelve of
subdivision a of section five of this act.
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Sec. 6. REGULATION OF RENTS.
a. Notwithstanding the provisions of any lease or other rental
agreement, no owner shall, on or after the first day of the
first month or other rental period following a declaration
of emergency pursuant to section three, which date shall be
referred to in this act as the local effective date, charge
or collect any rent in excess of the initial legal regulated
rent or adjusted initial legal regulated rent until such
time as a different legal regulated rent shall be authorized
pursuant to guidelines adopted by a rent guidelines board
pursuant to section four.
b. The initial legal regulated rents for housing accommodations
in a city having a population of less than one million or a
town or village as to which a declaration of emergency has
been made pursuant to this act shall be:
(1) For housing accommodations subject to the emergency
housing rent control law which become vacant on or
after the local effective date of this act, the rent
agreed to by the landlord and the tenant and reserved
in a lease or provided for in a rental agreement;
provided that such initial legal regulated rent may be
adjusted on application of the owner or tenant pursuant
to subdivision a of section nine of this act; and
provided further that no increase of such initial
regulated rent pursuant to annual guidelines adopted by
the rent guidelines board shall become effective until
the expiration of the first lease or rental agreement
taking effect after the local effective date, but in no
event before one year from the commencement of such
rental agreement.
(2) For all other housing accommodations, the rent reserved
in the last effective lease or other rental agreement;
provided that an initial rent based upon the rent
reserved in a lease or other rental agreement which
became effective on or after January first, nineteen
hundred seventy-four may be adjusted on application of
the tenant pursuant to subdivision of section nine of
this act or on application of either the owner or
tenant pursuant to subdivision a of such section; and
further provided that if a lease is entered into for
such housing accommodations after the local effective
date, but before the effective date of the first
guidelines applicable to such accommodations, the lease
may provide for an adjustment of rent pursuant to such
guidelines, to be effective on the first day of the
month next succeeding the effective date of such
guidelines.
c. The initial legal regulated rents for housing accommodations
in a city having a population of one million or more shall
be the initial rent established pursuant to the New York
city rent stabilization law of nineteen hundred sixty-nine
as amended.
d. Provision shall be made pursuant to regulations under this
act for individual adjustment of rents where:
(1) there has been a substantial modification or increase
of dwelling space or an increase in the services, or
installation of new equipment or improvements or new
furniture or furnishings, provided in or to a tenant's
housing accommodation, on written tenant consent to the
rent increase. In the case of a vacant housing
accommodation, tenant consent shall not be required.
The permanent increase in the legal regulated rent for
the affected housing accommodation shall be one-
fortieth of the total cost incurred by the landlord in
providing such modification or increase in dwelling
space, services, furniture, furnishings or equipment,
including the cost of installation, but excluding
finance charges. Provided further than an owner who is
entitled to a rent increase pursuant to this paragraph
shall not be entitled to a further rent increase based
upon the installation of similar equipment, or new
furniture or furnishings within the useful life of such
new equipment, or new furniture or furnishings.
(2) there has been since January first, nineteen hundred
seventy-four an increase in the rental value of the
housing accommodations as a result of a substantial
rehabilitation of the building or the housing
accommodation therein which materially adds to the
value of the property or appreciably prolongs its life,
excluding ordinary repairs, maintenance, and
replacements, or
(3) there has been since January first, nineteen hundred
seventy-four a major capital improvement required for
the operation, preservation or maintenance of the
structure. An adjustment under this paragraph shall be
in an amount sufficient to amortize the cost of the
improvements pursuant to this paragraph over a seven-
year period, or
(4) an owner by application to the state division of
housing and community renewal for increases in the
rents in excess of the rent adjustment authorized by
the rent guidelines board under this act establishes a
hardship, and the state division finds that the rate of
rent adjustment is not sufficient to enable the owner
to maintain approximately the same ratio between
operating expenses, including taxes and labor costs but
excluding debt service, financing costs, and management
fees, and gross rents which prevailed on the average
over the immediate preceding five year period, or for
the entire life of the building if less than five
years, or
(5) as an alternative to the hardship application provided
under paragraph four of this subdivision, owners of
buildings acquired by the same owner or a related
entity owned by the same principals three years prior
to the date of application may apply to the division
for increases in excess of the level of applicable
guideline increases established under this law based on
a finding by the commissioner that such guideline
increases are not sufficient to enable the owner to
maintain an annual gross rent income for such building
which exceeds the annual operating expenses of such
building by a sum equal to at least five percent of
such gross rent. For the purposes of this paragraph,
operating expenses shall consist of the actual,
reasonable, costs of fuel, labor, utilities, taxes,
other than income or corporate franchise taxes, fees,
permits, necessary contracted services and non-capital
repairs, insurance, parts and supplies, management fees
and other administrative costs and mortgage interest.
For the purposes of this paragraph, mortgage interest
shall be deemed to mean interest on a bona fide
mortgage including an allocable portion of charges
related thereto. Criteria to be considered in
determining a bona fide mortgage other than an
institutional mortgage shall include; condition of the
property, location of the property, the existing
mortgage market at the time the mortgage is placed, the
term of the mortgage, the amortization rate, the
principal amount of the mortgage, security and other
terms and conditions of the mortgage. The commissioner
shall set a rental value for any unit occupied by the
owner or a person related to the owner or unoccupied at
the owner's choice for more than one month at the last
regulated rent plus the minimum number of guidelines
increases or, if no such regulated rent existed or is
known, the commissioner shall impute a rent consistent
with other rents in the building. The amount of
hardship increase shall be such as may be required to
maintain the annual gross rent income as provided by
this paragraph. The division shall not grant a hardship
application under this paragraph or paragraph four of
this subdivision for a period of three years subsequent
to granting a hardship application under the provisions
of this paragraph. The collection of any increase in
the rent for any housing accommodation pursuant to this
paragraph shall not exceed six percent in any year from
the effective date of the order granting the increase
over the rent set forth in the schedule of gross rents,
with collectability of any dollar excess above said sum
to be spread forward in similar increments and added to
the rent as established or set in future years. No
application shall be approved unless the owner's equity
in such building exceeds five percent of: (i) the arms
length purchase price of the property; (ii) the cost of
any capital improvements for which the owner has not
collected a surcharge; (iii) any repayment of principal
of any mortgage or loan used to finance the purchase of
the property or any capital improvements for which the
owner has not collected a surcharge; and (iv) any
increase in the equalized assessed value of the
property which occurred subsequent to the first
valuation of the property after purchase by the owner.
For the purposes of this paragraph, owner's equity
shall mean the sum of (i) the purchase price of the
property less the principal of any mortgage or loan
used to finance the purchase of the property, (ii) the
cost of any capital improvement for which the owner has
not collected a surcharge less the principal of any
mortgage or loan used to finance said improvement,
(iii) any repayment of the principal of any mortgage or
loan used to finance the purchase of the property or
any capital improvement for which the owner has not
collected a surcharge, and (iv) any increase in the
equalized assessed value of the property which occurred
subsequent to the first valuation of the property after
purchase by the owner.
This subdivision shall apply to accommodations outside
a city of one million or more.
e. Notwithstanding any contrary provisions of this act, on and
after July first, nineteen hundred eighty-four the legal
regulated rent shall be the rent registered pursuant to
section twelve-a of this act subject to any modification
imposed pursuant to this act.
------------------------------------------
Sec. 7. MAINTENANCE OF SERVICES.
a. In order to collect a rent adjustment authorized pursuant to
the provisions of subdivision b of section four, the owner
of housing accommodations subject to this act located in a
city having a population of less than one million or a town
or village must file with the state division of housing and
community renewal on a form which it shall prescribe, a
written certification that he is maintaining and will
continue to maintain all services furnished on the date upon
which this act becomes a law or required to be furnished by
any law, ordinance or regulation applicable to the premises.
In addition to any other remedy afforded by law, any tenant
may apply to the state division of housing and community
renewal for a reduction in the rent to the level in effect
prior to its most recent adjustment, and the state division
of housing and community renewal may so reduce the rent if
it finds that the owner has failed to maintain such
services. The owner shall be supplied with a copy of the
application and shall be permitted to file an answer
thereto. A hearing may be held upon the request of either
party, or the state division of housing and community
renewal may hold a hearing upon its own motion. The state
division of housing and community renewal may consolidate
the proceedings for two or more petitions applicable to the
same building. If the state division of housing and
community renewal finds that the owner has knowingly filed a
false certification, it shall, in addition to abating the
rent, assess the owner with the reasonable costs of the
proceeding, including reasonable attorneys` fees, and impose
a penalty not in excess of two hundred fifty dollars for
each false certification.
b. In order to collect a rent adjustment authorized pursuant to
the provisions of subdivision c of section four, the owner
of housing accommodations located in a city having a
population of more than one million shall comply with the
requirements with respect to the maintenance of services of
the New York city rent stabilization law of nineteen hundred
sixty-nine.
------------------------------------------
Sec. 8. ADMINISTRATION.
a. Whenever a city having a population of less than one
million, or a town or village has determined the existence
of an emergency pursuant to section three of this act, the
state division of housing and community renewal shall be
designated as the sole administrative agency to administer
the regulation of residential rents as provided in this act.
The costs incurred by the state division of housing and
community renewal in administering such regulation shall be
paid by such city, town or village. Such local resolution
shall forthwith be transmitted to the state division of
housing and community renewal and shall be accompanied by an
initial payment in an amount previously determined by the
commissioner of housing and community renewal as necessary
to defray the division's anticipated first year cost.
Thereafter, annually, after the close of the fiscal year of
the state, the commissioner of housing and community renewal
shall determine the amount of all costs incurred and shall
certify to each such city, town or village its proportionate
share of such costs, after first deducting therefrom the
amount of such initial payment. The amount so certified
shall be paid to the commissioner by such city, town or
village within ninety days after the receipt of such
certification. In the event that the amount thereof is not
paid to the commissioner as herein prescribed, the
commissioner shall certify the unpaid amount to the
comptroller, and the comptroller shall withhold such amount
from the next succeeding payment of per capita assistance to
be apportioned to such city, town or village.
b. The legislative body of any city, town or village acting to
impose regulation of residential rents pursuant to the
provisions of this act may impose on the owner of every
building containing housing accommodations subject to such
regulation an annual charge for each such accommodation in
such amount as it determines to be necessary for the
expenses to be incurred in the administration of such
regulation.
c. Whenever a city having a population of one million or more
has determined the existence of an emergency pursuant to
section three of this act, the provisions of this act and
the New York city rent stabilization law of nineteen hundred
sixty-nine shall be administered by the state division of
housing and community renewal as provided in the New York
city rent stabilization law of nineteen hundred sixty-nine,
as amended, or as otherwise provided by law. The costs
incurred by the state division of housing and community
renewal in administering such regulation shall be paid by
such city. All payments for such administration shall be
transmitted to the state division of housing and community
renewal as follows: on or after April first of each year
commencing with April, nineteen hundred eighty-four, the
commissioner of housing and community renewal shall
determine an amount necessary to defray the division's
anticipated annual cost, and one-quarter of such amount
shall be paid by such city on or before July first of such
year, one-quarter of such amount on or before October first
of such year, one-quarter of such amount on or before
January first of the following year and one-quarter of such
amount on or before March thirty-first of the following
year. After the close of the fiscal year of the state, the
commissioner shall determine the amount of all actual costs
incurred in such fiscal year and shall certify such amount
to such city. If such certified amount shall differ from the
amount paid by the city for such fiscal year, appropriate
adjustments shall be made in the next quarterly payment to
be made by such city. In the event that the amount thereof
is not paid to the commissioner as herein prescribed, the
commissioner shall certify the unpaid amount to the
comptroller, and the comptroller shall, to the extent not
otherwise prohibited by law, withhold such amount from the
next succeeding payment of per capita assistance to be
apportioned to such city. In no event shall the amount
imposed on the owners or certified by the division to the
city exceed ten dollars per unit per year.
d. The failure to pay the prescribed assessment not to exceed
ten dollars per unit for any housing accommodation subject
to this act or the New York city rent stabilization law of
nineteen hundred sixty-nine shall, until such assessment is
paid, bar an owner from applying for or collecting any
further rent increases. The late payment of the assessment
shall result in the prospective elimination of such
sanctions. The city of New York shall certify to the
division such information as the division shall deem
necessary to comply with the provisions of this subdivision.
e. The division shall maintain at least one office in each
county which is governed by the rent stabilization law of
nineteen hundred sixty-nine or this act.
------------------------------------------
Sec. 9. APPLICATION FOR ADJUSTMENT OF INITIAL LEGAL REGULATED
RENT.
a. The owner or tenant of a housing accommodation described in
paragraph one or two of subdivision b of section six may,
within sixty days of the local effective date of this act or
the commencement of the first tenancy thereafter, whichever
is later, file with the state division of housing and
community renewal an application for adjustment of the
initial legal regulated rent for such housing accommodation.
The state division of housing and community renewal may
adjust such initial legal regulated rent upon a finding that
the presence of unique or peculiar circumstances materially
affecting the initial legal regulated rent has resulted in a
rent which is substantially different from the rents
generally prevailing in the same area for substantially
similar housing accommodations.
b. The tenant of a housing accommodation described in paragraph
two, subdivision b, of section six may file with the state
division of housing and community renewal, within ninety
days after notice has been received pursuant to subdivision
c of this section, an application for adjustment of the
initial legal regulated rent for such housing accommodation.
Such tenant need only allege that such rent is in excess of
the fair market rent and shall present such facts which, to
the best of his information and belief, support such
allegation. The rent guidelines board shall promulgate as
soon as practicable after its creation guidelines for the
determination of fair market rents for housing
accommodations as to which an application may be made
pursuant to this subdivision. In rendering a determination
on an application filed pursuant to this subdivision b, the
state division of housing and community renewal shall be
guided by such guidelines. Where the state division of
housing and community renewal has determined that the rent
charged is in excess of the fair market rent it shall order
a refund, of any excess paid since January first, nineteen
hundred seventy-four or the date of the commencement of the
tenancy, whichever is later. Such refund shall be made by
the landlord in cash or as a credit against future rents
over a period not in excess of six months.
c. Upon receipt of any application filed pursuant to this
section nine, the state division of housing and community
renewal shall notify the owner or tenant, as the case may
be, and provide a copy to him of such application. Such
owner or tenant shall be afforded a reasonable opportunity
to respond to the application. A hearing may be held upon
the request of either party, or the division may hold a
hearing on its own motion. The division shall issue a
written opinion to both the tenant and the owner upon
rendering its determination.
d. Within thirty days after the local effective date of this
act the owner of housing accommodations described in
paragraph two of subdivision b of section six, as to which
an emergency has been declared pursuant to this act, shall
give notice in writing by certified mail to the tenant of
each such housing accommodation on a form prescribed by the
state division of housing and community renewal of the
initial legal regulated rent for such housing accommodation
and of such tenant's right to file an application for
adjustment of the initial legal regulated rent of such
housing accommodation.
e. The initial legal regulated rents for housing accommodations
in a city having a population of one million or more shall
be subject to adjustment in accordance with the provisions
of the New York city rent stabilization law as amended.
------------------------------------------
Sec. 10. REGULATIONS.
a. For cities having a population of less than one million and
towns and villages, the state division of housing and
community renewal shall be empowered to implement this act
by appropriate regulations. Such regulations may encompass
such speculative or manipulative practices or renting or
leasing practices as the state division of housing and
community renewal determines constitute or are likely to
cause circumvention of this act. Such regulations shall
prohibit practices which are likely to prevent any person
from asserting any right or remedy granted by this act,
including but not limited to retaliatory termination of
periodic tenancies and shall require owners to grant a new
one or two year vacancy or renewal lease at the option of
the tenant, except where a mortgage or mortgage commitment
existing as of the local effective date of this act provides
that the owner shall not grant a one-year lease; and shall
prescribe standards with respect to the terms and conditions
of new and renewal leases, additional rent and such related
matters as security deposits, advance rental payments, the
use of escalator clauses in leases and provision for
increase in rentals for garages and other ancillary
facilities, so as to insure that the level of rent
adjustments authorized under this law will not be subverted
and made ineffective. Any provision of the regulations
permitting an owner to refuse to renew a lease on grounds
that the owner seeks to recover possession of the housing
accommodation for his own use and occupancy or for the use
and occupancy of his immediate family shall require that an
owner demonstrate immediate and compelling need and shall
not apply where a member of the housing accommodation is
sixty-two years of age or older, has been a tenant in a
housing accommodation in that building for twenty years or
more, or has an impairment which results from anatomical,
physiological or psychological conditions, other than
addiction to alcohol, gambling, or any controlled substance,
which are demonstrable by medically acceptable clinical and
laboratory diagnostic techniques, and which are expected to
be permanent and which prevent the tenant from engaging in
any substantial gainful employment.
b. For cities having a population of one million or more, this
act may be implemented by regulations adopted pursuant to
the New York city rent stabilization law of nineteen hundred
sixty-nine, as amended, or as otherwise provided by law.
c. Each owner of premises subject to this act shall furnish to
each tenant signing a new or renewal lease, a copy of the
fully executed new or renewal lease bearing the signatures
of owner and tenant and the beginning and ending dates of
the lease term, within thirty days from the owner's receipt
of the new or renewal lease signed by the tenant.
------------------------------------------
Sec. 10-a. RIGHT TO SUBLEASE.
Units subject to this law may be sublet pursuant to section two
hundred twenty-six-b of the real property law provided that
(a) the rental charged to the subtenant does not exceed the
legal regulated rent plus a ten percent surcharge payable to
the tenant if the unit sublet was furnished with the
tenant's furniture;
(b) the tenant can establish that at all times he has maintained
the unit as his primary residence and intends to occupy it
as such at the expiration of the sublease;
(c) an owner may terminate the tenancy of a tenant who sublets
or assigns contrary to the terms of this section but no
action or proceeding based on the non-primary residence of a
tenant may be commenced prior to the expiration date of his
lease;
(d) where an apartment is sublet the prime tenant shall retain
the right to a renewal lease and the rights and status of a
tenant in occupancy as they relate to conversion to
condominium or cooperative ownership;
(e) where a tenant violates the provisions of subdivision (a) of
this section the subtenant shall be entitled to damages of
three times the overcharge and may also be awarded attorneys
fees and interest from the date of the overcharge at the
rate of interest payable on a judgment pursuant to section
five thousand four of the civil practice law and rules;
(f) the tenant may not sublet the unit for more than a total of
two years, including the term of the proposed sublease, out
of the four-year period preceding the termination date of
the proposed sublease. The provisions of this subdivision
(f) shall only apply to subleases commencing on and after
July first, nineteen hundred eighty-three;
(g) for the purposes of this section only, the term of the
proposed sublease may extend beyond the term of the tenant's
lease. In such event, such sublease shall be subject to the
tenant's right to a renewal lease. The subtenant shall have
no right to a renewal lease. It shall be unreasonable for an
owner to refuse to consent to a sublease solely because such
sublease extends beyond the tenant's lease; and
(h) notwithstanding the provisions of section two hundred twenty-
six-b of the real property law, a not-for-profit hospital
shall have the right to sublet any housing accommodation
leased by it to its affiliated personnel without requiring
the landlord's consent to any such sublease and without
being bound by the provisions of subdivisions (b), (c) and
(f) of this section. Commencing with the effective date of
this subdivision, whenever a not-for-profit hospital
executes a renewal lease for a housing accommodation, the
legal regulated rent shall be increased by a sum equal to
fifteen percent of the previous lease rental for such
housing accommodation, hereinafter referred to as a vacancy
surcharge, unless the landlord shall have received within
the seven year period prior to the commencement date of such
renewal lease any vacancy increases or vacancy surcharges
allocable to the said housing accommodation. In the event
the landlord shall have received any such vacancy increases
or vacancy surcharges during such seven year period, the
vacancy surcharge shall be reduced by the amount received by
any such vacancy increase or vacancy surcharges.
------------------------------------------
Sec. 11. NON-WAIVER OF RIGHTS.
Any provision of a lease or other rental agreement which purports
to waive a tenant's rights under this act or regulations
promulgated pursuant thereto shall be void as contrary to public
policy.
------------------------------------------
Sec. 12. ENFORCEMENT AND PROCEDURES.
a. (1) Subject to the conditions and limitations of this
paragraph, any owner of housing accommodations in a
city having a population of less than one million or a
town or village as to which an emergency has been
declared pursuant to section three, who, upon complaint
of a tenant or of the state division of housing and
community renewal, is found by the state division of
housing and community renewal, after a reasonable
opportunity to be heard, to have collected an
overcharge above the rent authorized for a housing
accommodation subject to this act shall be liable to
the tenant for a penalty equal to three times the
amount of such overcharge. In no event shall such
treble damage penalty be assessed against an owner
based solely on said owner's failure to file a proper
or timely initial or annual rent registration
statement. If the owner establishes by a preponderance
of the evidence that the overcharge was neither willful
nor attributable to his negligence, the state division
of housing and community renewal shall establish the
penalty as the amount of the overcharge plus interest
at the rate of interest payable on a judgment pursuant
to section five thousand four of the civil practice law
and rules. (i) Except as to complaints filed pursuant
to clause (ii) of this paragraph, the legal regulated
rent for purposes of determining an overcharge, shall
be deemed to be the rent indicated in the annual
registration statement filed four years prior to the
most recent registration statement, (or, if more
recently filed, the initial registration statement)
plus in each case any subsequent lawful increases and
adjustments. (ii) As to complaints filed within ninety
days of the initial registration of a housing
accommodation, the legal regulated rent for purposes of
determining an overcharge shall be deemed to be the
rent charged on the date four years prior to the date
of the initial registration of the housing
accommodation (or, if the housing accommodation was
subject to this act for less than four years, the
initial legal regulated rent) plus in each case, any
lawful increases and adjustments. Where the rent
charged on the date four years prior to the date of the
initial registration of the accommodation cannot be
established, such rent shall be established by the
division.
(a) The order of the state division of housing and
community renewal shall apportion the owner's
liability between or among two or more tenants
found to have been overcharged by such owner
during their particular tenancy of a unit.
(b) (i) Except as provided under clauses (ii)
and (iii) of this subparagraph, a complaint
under this subdivision shall be filed with
the state division of housing and community
renewal within four years of the first
overcharge alleged and no award of the
amount of an overcharge may be based upon
an overcharge having occurred more than
four years before the complaint is filed.
(ii) No penalty of three times the overcharge
may be based upon an overcharge having
occurred more than two years before the
complaint is filed or upon an overcharge
which occurred prior to April first,
nineteen hundred eighty-four.
(iii) Any complaint based upon overcharges
occurring prior to the date of filing of
the initial rent registration as provided
in subdivision b of section twelve-a of
this act shall be filed within ninety days
of the mailing of notice to the tenant of
such registration.
(c) Any affected tenant shall be notified of and
given an opportunity to join in any complaint
filed by an officer or employee of the state
division of housing and community renewal.
(d) An owner found to have overcharged shall, in all
cases, be assessed the reasonable costs and
attorney's fees of the proceeding, and interest
from the date of the overcharge at the rate of
interest payable on a judgment pursuant to
section five thousand four of the civil practice
law and rules.
(e) The order of the state division of housing and
community renewal awarding penalties may, upon
the expiration of the period in which the owner
may institute a proceeding pursuant to article
seventy-eight of the civil practice law and
rules, be filed and enforced by a tenant in the
same manner as a judgment or, in the
alternative, not in excess of twenty percent
thereof per month may be offset against any rent
thereafter due the owner.
(f) Unless a tenant shall have filed a complaint of
overcharge with the division which complaint has
not been withdrawn, nothing contained in this
section shall be deemed to prevent a tenant or
tenants, claiming to have been overcharged, from
commencing an action or interposing a
counterclaim in a court of competent
jurisdiction for damages equal to the overcharge
and the penalty provided for in this section,
including interest from the date of the
overcharge at the rate of interest payable on a
judgment pursuant to section five thousand four
of the civil practice law and rules, plus the
statutory costs and allowable disbursements in
connection with the proceeding. Such action must
be commenced or counterclaim interposed within
four years of the date of the alleged overcharge
but no recovery of three times the amount of the
overcharge may be awarded with respect to any
overcharge which had occurred more than two
years before the action is commenced or
counterclaim is interposed.
(2) In addition to issuing the specific orders provided
for by other provisions of this act, the state
division of housing and community renewal shall be
empowered to enforce this act and its regulations by
issuing, upon notice and a reasonable opportunity for
the affected party to be heard, such other orders as
it may deem appropriate.
(3) If the owner is found by the commissioner:
(i) to have violated an order of the division the
commissioner may impose by administrative order
after hearing, a civil penalty in the amount of
two hundred fifty dollars for the first such
offense and one thousand dollars for each
subsequent offense; or
(ii) to have harassed a tenant to obtain vacancy of
his housing accommodation, the commissioner may
impose by administrative order after hearing, a
civil penalty for any such violation. Such
penalty shall be in the amount of up to one
thousand dollars for a first such offense and up
to twenty-five hundred dollars for each
subsequent offense or for a violation consisting
of conduct directed at the tenants of more than
one housing accommodation. Such order shall be
deemed a final determination for the purposes of
judicial review. Such penalty may, upon the
expiration of the period for seeking review
pursuant to article seventy-eight of the civil
practice law and rules, be docketed and enforced
in the manner of a judgment of the supreme
court.
(4) Any proceeding pursuant to article seventy-eight of
the civil practice law and rules seeking review of
any action pursuant to this act shall be brought
within sixty days of the expiration of the ninety day
period and any extension thereof provided in
subdivision c of this section or the rendering of a
determination, whichever is later. Any action or
proceeding brought by or against the commissioner
under this act shall be brought in the county in
which the housing accommodation is located.
(5) Violations of this act or of the regulations and
orders issued pursuant thereto may be enjoined by the
supreme court upon proceedings commenced by the state
division of housing and community renewal or the
tenant or tenants who allege they have been
overcharged. The division shall not be required to
post bond.
(6) In furtherance of its responsibility to enforce this
act, the state division of housing and community
renewal shall be empowered to administer oaths, issue
subpoenas, conduct investigations, make inspections
and designate officers to hear and report. The
division shall safeguard the confidentiality of
information furnished to it at the request of the
person furnishing same, unless such information must
be made public in the interest of establishing a
record for the future guidance of persons subject to
this act.
(7) In any action or proceeding before a court wherein a
party relies for a ground of relief or defense or
raises issue or brings into question the construction
or validity of this act or any regulation, order or
requirement hereunder, the court having jurisdiction
of such action or proceeding may at any stage certify
such fact to the state division of housing and
community renewal. The state division of housing and
community renewal may intervene in any such action or
proceeding.
(8) Any owner who has duly registered a housing
accommodation pursuant to section twelve-a of this
act shall not be required to maintain or produce any
records relating to rentals of such accommodation
more than four years prior to the most recent
registration or annual statement for such
accommodation.
b. Within a city having a population of one million or more,
the state division of housing and community renewal shall
have such powers to enforce this act as shall be provided
in the New York City rent stabilization law of nineteen
hundred sixty-nine, as amended, or as shall otherwise be
provided by law.
c. The state division of housing and community renewal may,
by regulation, provide for administrative review of all
orders and determinations issued by it pursuant to this
act. Any such regulation shall provide that if a petition
for such review is not determined within ninety days after
it is filed, it shall be deemed to be denied. However, the
division may grant one extension not to exceed thirty days
with the consent of the party filing such petition; any
further extension may only be granted with the consent of
all parties to the petition. No proceeding may be brought
pursuant to article seventy-eight of the civil practice
law and rules to challenge any order or determination
which is subject to such administrative review unless such
review has been sought and either (1) a determination
thereon has been made or (2) the ninety-day period
provided for determination of the petition for review (or
any extension thereof) has expired.
------------------------------------------
Sec. 12-a. RENT REGISTRATION.
a. Each housing accommodation in a city having a population of
less than one million or a town or village as to which an
emergency has been declared pursuant to section three of
this act which is subject to this act shall be registered by
the owner thereof with the state division of housing and
community renewal prior to July first, nineteen hundred
eighty-four upon forms prescribed by the commissioner of
such division. The data to be provided on such forms shall
include the following:
(1) the name and address of the building or group of
buildings or development in which such housing
accommodation is located and the owner and the tenant
thereof;
(2) the number of housing accommodations in the building or
group of buildings or development in which such housing
accommodation is located;
(3) the number of housing accommodations in such building
or group of buildings or development subject to this
act and the number of such housing accommodations
subject to the emergency housing rent control law;
(4) the rent charged on the registration date;
(5) the number of rooms in such housing accommodation; and
(6) all services provided in the last lease or rental
agreement commencing at least six months prior to the
local effective date of this act.
b. Registration pursuant to this section shall not be subject
to the freedom of information law, provided that
registration information relative to a tenant, owner, lessor
or subtenant shall be made available to such party or his
authorized representative.
c. Housing accommodations which become subject to this act
after the initial registration period must be registered
within ninety days thereafter. Registration of housing
accommodations subject to the emergency housing rent control
law immediately prior to the date of filing the initial
registration statement as provided in this section shall
include, in addition to the items listed above, where
existing, the maximum rent immediately prior to the date
that such housing accommodations became subject to this act.
d. Copies of the registration shall be filed with the state
division of housing and community renewal in such place or
places as it may require. In addition, one copy of that
portion of the registration statement which pertains to the
tenant's unit must be mailed by the owner to the tenant in
possession at the time of initial registration or to the
first tenant in occupancy if the apartment is vacant at the
time of initial registration.
e. The failure to file a proper and timely initial or annual
rent registration statement shall, until such time as such
registration is filed, bar an owner from applying for or
collecting any rent in excess of the legal regulated rent in
effect on the date of the last preceding registration
statement or if no such statements have been filed, the
legal regulated rent in effect on the date that the housing
accommodation became subject to the registration
requirements of this section. The filing of a late
registration shall result in the prospective elimination of
such sanctions and provided that increases in the legal
regulated rent were lawful except for the failure to file a
timely registration, the owner, upon the service and filing
of a late registration, shall not be found to have collected
an overcharge at any time prior to the filing of the late
registration. If such late registration is filed subsequent
to the filing of an overcharge complaint, the owner shall be
assessed a late filing surcharge for each late registration
in an amount equal to fifty percent of the timely rent
registration fee.
f. An annual statement shall be filed containing the current
rent for each unit and such other information contained in
subdivision a of this section as shall be required by the
division. The owner shall provide each tenant then in
occupancy with a copy of that portion of such annual
statement as pertains to the tenant's unit.
g. Within a city having a population of one million or more,
each housing accommodation subject to this act shall be
registered with the state division of housing and community
renewal as shall be provided in the New York city rent
stabilization law of nineteen hundred sixty-nine.
h. Each housing accommodation for which a timely registration
statement was filed between April first, nineteen hundred
eighty-four and June thirtieth, nineteen hundred eighty-
four, pursuant to subdivision a of this section shall
designate the rent charged on April first, nineteen hundred
eighty-four, as the rent charged on the registration date.
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Sec. 13. COOPERATION WITH OTHER GOVERNMENTAL AGENCIES.
The state division of housing and community renewal and any rent
guidelines board may request and shall receive cooperation and
assistance in effectuating the purposes of this act from all
departments, divisions, boards, bureaus, commissions or agencies
of the state and political subdivisions thereof.
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Sec. 14. APPLICATION OF ACT.
The provisions of this act shall only be applicable: a. in the
city of New York; and b. in the counties of Nassau, Westchester
and Rockland and shall become and remain effective only in a
city, town or village located therein as provided in section
three of this act.
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